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Proving Injury from Defective Pharmaceuticals

Tennessee defective product attorneys explain what needs to be done if it happens to you

The news is full of cases involving potentially defective pharmaceutical drugs: everything from birth control to dietary supplements. If you find yourself injured or seriously unwell after the use of these pharmaceuticals, it can be harder than you may think to prove your claim is valid.

Below we'll tell you what you need to know about proving personal injury from defective pharmaceuticals.

Show Significant Injury

In order to have a shot at winning a claim, you must be able to prove you have been seriously injured or have suffered significant loss because of the pharmaceutical's defect. While the specifics of what needs to be explained and proven will vary by case, it is the injured individual's responsibility to prove that they have suffered loss (whether in health or money). Pictures, medical records, and other forms of official documentation are great ways to prove your injuries.

Provide Proof of Defectiveness

Proving that a pharmaceutical is defective can be harder than it sounds. Pharmaceuticals have the potential to be compromised in the formation stage of the drug, during manufacturing and labeling the drug, or if labels or other warnings have been written misleadingly. Most likely, scientific evidence or reputable witnesses will be needed to prove the pharmaceutical shows a defect.

In the case of filing a claim dealing with extreme side effects, it must be proven that the side effects were not known prior to using the pharmaceutical drug, whether that be negligence on behalf of your doctor or the warning label. Reviewing warning labels on your medications can be an easy way to prove your claim of defectiveness.

Show the Defect Caused Your Injury

Finally, you must show that your injury or loss was caused solely from using the defective pharmaceutical. Part of this is also proving that you were using the product correctly, to the best of your knowledge. This includes avoiding using the pharmaceutical with other medications that can cause dangerous side effects when mixed. Again, medical records and statements from your doctor can help in this area.

Be sure to keep your state's statute of limitations on personal injury claims in mind when filing a defective pharmaceutical lawsuit. Each state has its own laws, and those laws vary depending on the type of claim being filed. In the state of Tennessee, the deadline to file a personal injury claim is one year from the injury.

Proving each of these areas of a claim can be difficult, especially when trying to accomplish this alone. Luckily, the Tennessee personal injury lawyers at Gilreath & Associates have been in the business for over 30 years and are always available to help you with proving your personal injury, product liability, and medical malpractice claims.

If you feel you have been the victim of a defective pharmaceutical and would like our help, visit one of our three offices across the state of Tennessee (Knoxville, Nashville and Memphis), or contact us via phone or email. You can also visit our blog for regular updates on avoiding defective pharmaceuticals and other personal injuries due to defective products.

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Tennessee Personal Injury Lawyers at Gilreath & Associates offer free and personal consultation to help you evaluate your legal options.
Our attorneys are dedicated to helping you recover financially from an injury stemming from someone else's negligence.